Eliot Spitzer, New York State Attorney
GeneralBy: Todd A. Schall, Assistant Attorney General

Third-party
defendant’s attorney:

Signature date:

September 1, 2005

City:

Hauppauge

Comments:

Official citation:

Appellate results:

See also (multicaptioned
case)

Decision

This is a motion by Meryl Monti (hereinafter “movant”) for
permission to enlarge the time to file a late claim pursuant to Court of Claims
Act §10(6)[1]. Movant previously filed a
motion to file a late claim (M-68732). The motion was granted and the Decision
and Order was filed on December 16, 2004. The prior decision granted movant 45
days from the filing date of the Decision and Order to serve and file a claim.
Movant asserts that she never received the Decision and Order from the Court
prior to the expiration of the 45 day deadline.

Movant asks this Court to enlarge the time to file the late claim. Defendant
opposes the motion.

Given that the motion was decided and the Decision and Order was filed and
mailed during one of the busiest mail times of the year, the Court will accept
movant’s explanation of not having timely received the Court’s
Decision and Order.

Based upon the foregoing, the Court grants movant’s motion and directs
movant to serve and file the proposed claim pursuant to Court of Claims Act
§§10, 11 and 11-a within forty-five (45) days of the filing of this
Decision and Order.

September 1,
2005Hauppauge, New York

HON. JAMES J. LACKJudge of the Court of
Claims

[1].The following papers have been read and
considered on movant’s motion: Notice of Motion dated March 25, 2005 and
filed March 31, 2005; Affirmation in Support of Motion of Rhonda Katz, Esq. with
annexed Exhibits 1-4 dated March 25, 2005 and filed March 31, 2005; Affirmation
in Opposition of Todd A. Schall, Esq. dated May 11, 2005 and filed May 13, 2005;
Reply Affirmation in Further Support of Motion of Rhonda Katz, Esq. dated June
6, 2005 and filed June 13, 2005.